Notary's Responsibility for Formal Defects in Bank Credit Agreement Deeds

Abstract

This study aims to analyze the legal liability of notaries for formal defects in bank credit agreements and the legal consequences that arise on the deed's position and evidentiary power. The study uses a normative legal research method with a statutory approach. The legal materials used are primary, secondary, and tertiary legal materials obtained through literature studies and analyzed prescriptively. The results of the study indicate that in the case being studied, the debtor used a false identity and the notary did not conduct a thorough verification because he relied too much on the results of the creditor survey. This negligence is seen as a violation of the obligations of objectivity, independence, and the principle of prudence in carrying out the notary's office. The responsibilities discussed include civil liability under Article 1365 of the Civil Code, potential criminal liability under Article 266 of the Criminal Code, and administrative sanctions in accordance with the prov